Bill S330-2013

Authorizes a lottery game for a community grant fund, which fund shall be dedicated to community groups

Authorizes a lottery game for a community grant fund, which fund shall be dedicated to community groups organized pursuant to paragraph three or four of subdivision (c) of section five hundred one of the internal revenue code of nineteen hundred eighty-six, as amended, administering educational, recreational, cultural, senior, veterans or social services programs or providing volunteer ambulance services.

Details

Actions

  • Feb 21, 2014: OPINION REFERRED TO JUDICIARY
  • Jan 13, 2014: TO ATTORNEY-GENERAL FOR OPINION
  • Jan 8, 2014: REFERRED TO JUDICIARY
  • Feb 6, 2013: OPINION REFERRED TO JUDICIARY
  • Jan 11, 2013: TO ATTORNEY-GENERAL FOR OPINION
  • Jan 9, 2013: REFERRED TO JUDICIARY

Memo

BILL NUMBER:S330

TITLE OF BILL: REVISED 12/10/12 CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing an amendment to section 9 of article 1 of the constitution, in relation to authorizing a lottery game for a community grant fund, which fund shall be dedicated to certain community groups

SUMMARY OF PROVISIONS: Article 1, Section 9 of the State Constitution would be amended to allow for an additional exception to the prohibition on all gambling to include the creation of a separate lottery game the proceeds of which shall be applied exclusively to a community grant fund to be created by such legislation, which fund shall be dedicated to community groups administering educational, recreational, cultural, senior, veterans or social service programs or providing volunteer ambulance services as authorized and prescribed by the legislature.

EXISTING LAW: Article 1, Section 9 of the State Constitution generally proscribes all gambling except for four exceptions. These four exceptions are: (1) pari-mutuel wagering on horse racing; (2) State lotteries; (3) bingo conducted by certain charitable, non-profit and religious organizations; and (4) games of chance conducted by these same charitable, non-profit, and religious organizations.

JUSTIFICATION: A constitutional amendment is required before a separate lottery game may be created whose proceeds would be used to exclusively fund a "Community Grant Fund" program that would in turn be dedicated to community groups administering educational, recreational, and cultural, senior, veterans or social services programs or providing volunteer ambulance services.

Since 2010, the executive branch of the state has ceased any allocation of discretionary funds that could be used to fund local programs in legislators' districts. The loss of these funds has placed tremendous financial burden on local groups that have relied on this supportive funding to provide vital community programs to the state's residents. This loss is on top of already draconian budget cuts that occurred in 2011 and the loss of private funding sources that began to disappear as a result of the national economic crises in 2008.

Community programs have been left in the cold in their efforts to provide educational, recreational, cultural, senior or veterans programs or providing volunteer ambulance services to communities that have relied on those services for years. This includes things like senior centers, youth sports programs like Little League, afterschool programs and many, many other important community based programs.

The new lottery game proceeds that will be dedicated to the "Community Grant Fund" will enable these important community programs to continue to operate.

The state government cannot keep asking our citizens to bear the tremendous burden of cuts in services to due state budget deficits and simultaneously remove funding sources that are depended upon by local community groups that often step in to fill the void left when state government services are reduced or eliminated.

LEGISLATIVE HISTORY: 2011-12: S.7276B

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: If agreed by the Senate and the Assembly, the amendment will be referred to the first regular legislative session convening after the next succeeding general election of members of the assembly, and, in conformity with section 1 of article 19 of the constitution, be published for 3 months previous to the time of such election.


Text

STATE OF NEW YORK ________________________________________________________________________ 330 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________
Introduced by Sen. AVELLA -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing an amendment to section 9 of article 1 of the constitution, in relation to authorizing a lottery game for a community grant fund, which fund shall be dedicated to certain community groups Section 1. Resolved (if the Assembly concur), That subdivision 1 of section 9 of article 1 of the constitution be amended to read as follows: 1. No law shall be passed abridging the rights of the people peaceably to assemble and to petition the government, or any department thereof; nor shall any divorce be granted otherwise than by due judicial proceedings; except as hereinafter provided, no lottery or the sale of lottery tickets, pool-selling, book-making, or any other kind of gambl- ing, except lotteries operated by the state and the sale of lottery tickets in connection therewith as may be authorized and prescribed by the legislature, the net proceeds of which shall be applied exclusively to or in aid or support of education in this state as the legislature may prescribe, EXCEPT THAT THE LEGISLATURE MAY ENACT LEGISLATION AUTHOR- IZING THE CREATION OF A SEPARATE LOTTERY GAME THE PROCEEDS OF WHICH SHALL BE APPLIED EXCLUSIVELY TO A COMMUNITY GRANT FUND TO BE CREATED BY SUCH LEGISLATION, WHICH FUND SHALL BE DEDICATED TO COMMUNITY GROUPS ORGANIZED PURSUANT TO PARAGRAPH THREE OR FOUR OF SUBDIVISION (C) OF SECTION FIVE HUNDRED ONE OF THE INTERNAL REVENUE CODE OF NINETEEN HUNDRED EIGHTY-SIX, AS AMENDED, ADMINISTERING EDUCATIONAL, RECREATIONAL, CULTURAL, SENIOR, VETERANS OR SOCIAL SERVICES PROGRAMS OR PROVIDING VOLUNTEER AMBULANCE SERVICES, AS THE LEGISLATURE MAY PRESCRIBE, and except pari-mutuel betting on horse races as may be prescribed by the legislature and from which the state shall derive a reasonable revenue for the support of government, shall hereafter be authorized or allowed EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD89039-01-3 S. 330 2 within this state; and the legislature shall pass appropriate laws to prevent offenses against any of the provisions of this section. S 2. Resolved (if the Assembly concur), That the foregoing amendment be referred to the first regular legislative session convening after the next succeeding general election of members of the assembly, and, in conformity with section 1 of article 19 of the constitution, be published for 3 months previous to the time of such election.

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